1. One Mr. Prabir Kr. Roy and his wife Mrs. Arpita Roy have filed this case on 28.11.2019 u/s 12 read with section 13 of Consumer Protection Act against Spice Jet Ltd. and its officials alleging that on 20.02.2017 one of their three luggage’s was not returned to them at Netaji Subhas Chandra Bose International Airport from flight No. SG 517, Spice Jet Airlines.
2. The complainants after completion of their journey by flight No. SG 517from Bangalore to Kolkata on 20.02.2017 discovered at about 20:35 that one out of three luggages’s which were entrusted to Spice Jet Airlines Authority for transportation to Kolkata went missing. A thorough search was conducted over a period of two hours; but to no effect. A complaint was lodged by the complainants with delivery in charge of Spice Jet Airlines giving details of items with which the said bag were loaded. It is the claim of the complainant that 6 sarees, 1 jacket, 3 trousers, 3 shirts, 2 churiders, 2 umbrellas, 2 blazers medicines for Rs. 5000/-, smart card, cash of Rs. 5000/-etc were in the said bag. On 08.03.2017 the complainant came to know that the result of investigation carried out in view of the complaint lodged by the complainants was not fruitful. This is why the complainant have filed this case seeking return of luggage, compensation of Rs.5, 000/-, litigation cost of Rs. 10,000/- and Rs. 2, 00,000/- for loss of items of goods for which the bag was filled.
3. The OP have contested this case by filing W/V, brief notes of argument stating that the claim of the complainants are excessive.
4. In support of their case the complainants have filed evidence on affidavit, airlines ticket dated 20.02.2017 baggage irregularity report dated 20.02.2017and the letters dated 08.03.2017, 28.02.2017 which the complainants received from the OP. The OP, on the other hand, have sought for apology from the complainants by sending letters dated 08.03.2017.
5. The only point is needs to decide in this case is whether the complainant is entitled to the reliefs sought for or not.
6. That the complainant’s one journey from Bangalore to Kolkata on 20.02.2017 by the flight of Spice Jet and that one of his bags containing sarees, trousers etc were went missing at Dumdum International Airport are, more or less,  admitted facts in this case. The Ld. Advocate appearing for the OPs have also conceded to such proposition. As per section 22 (2) of Carriage by Air Act, according to him, the complainant will get Rs. 30,000/- as compensation for the loss of baggage. It is not in dispute that the weight of a baggage cannot exceed 15 kg.
7. It is the contention of the complainant’s Advocate that the complainants have not only lost baggage but they have suffered harassment, humiliation and embarrassment on account of the deficiency of service on the part of the Ops.
8. After giving consideration to all the aspects of the matter as unfolded above we are of the view that the complainant would get compensation for loss of baggage which took place on 20.02.2017 at Dumdum International Airport. It may be noted here that the complainants have not filed any documents in support of his claim as to having 6 sarees, and other articles in the lost bag. But it cannot be denied that the bag was filled with some items of articles. In the absence of documentary evidence on this point it would be difficult for us to calculate his value of these articles. For loss of articles and loss of bag a consolidated sum of Rs. 20,000/- may be awarded as compensation. The complainants may be allowed a sum of Rs. 10,000/- as litigation cost and Rs. 5,000/- as compensation for the mental agony, anxiety and harassment he had to put up with. Since bag stays untraced till today we detain ourselves from passing any order as to its return.

Hence it is ordered that the OPs will pay Rs.35, 000/- stated held above to the complainants within 30 days hence failing which the amount will carry interest at the @ Rs. 12 % p.a.

Let plain copy be given to the parties free of cost as per CPR. 

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT